Ord No. 30-17 ORDINANCE NO. 30-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100,
"NUISANCES", OF THE CODE OF ORDINANCES OF TEE
CITY OF DELRAY BEACH, FLORIDA, BY ANIENDING
SECTION 101.01(D), "EXISTENCE OF WEEDS, TRASH AND
VEGETATION UPON LANDS PROHIBITED"; BY NO
LONGER REQUIRING CONTIGUOUS PROPERTY OWNERS
TO MAINTAIN PUBLIC RIGHT-OF-WAYS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 101 SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS,the City Commission of the City of Delray Beach finds that the maintenance of
the public alleyways should be the responsibility of the City and not of the owner having possession
or control of the contiguous real property,and
WHEREAS, the City Commission finds that this ordinance serves a municipal purpose and
deems the amendment contained herein to be in the best interest of the health, safety and welfare of
the residents and citizens of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEAC1--I,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 100, "Nuisances", Section 101.01(D), "Existence of Weeds,
Trash and Vegetation Upon Lands Prolubite&',shall be amended to read as follows:
Sec. 100.01. - EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON
LANDS PROHIBITED.
(A) (1) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth,
garbage or other refuse on any lot, tract or parcel of land in the City, whether
improved or unimproved, which has caused the property to become, or which may
reasonably cause the property to become infested or inhabited by rodents, snakes,
vermin or wild animals, or may furnish a breeding place for mosquitoes or threatens
the public health, safety or welfare, or may reasonably cause disease, or adversely
affects and impairs the economic welfare of other property, is declared to constitute
a public nuisance and is prohibited. Every..owner of real property in the City has a
duty to keep his property free of any nuisance at his expense.
(2) The existence of weeds or other dead or living plant life or vegetation which has
attained a height of twelve (12) inches or more, on any lot,tract or parcel of land in
the City, whether improved or unimproved, shall be presumed to be detrimental to
the public health, safety and welfare, and thus shall be presumed to constitute a
public nuisance under the terms and conditions of this subchapter.
(3) The existence of accumulations of vegetative (i.e. yard and garden) trash mixed with
other types of refuse is deemed to be detrimental to the public health, safety and
welfare and thus deemed to be a public nuisance and prohibited. Such mixed
accumulations shall not be picked up by the City's sanitation franchisee during
regular collection routes but shall be subject to abatement or citation or code
enforcement action or other enforcement as are other nuisances in any manner set
forth in this Chapter.
(4) The existence of accumulations of loose, uncontainerized, or unbundled refuse;
other than heavy, bulky items; is deemed to be detrimental to the public health,
safety and welfare and thus shall be deemed a public nuisance and is prohibited. Such
accumulations shall not be picked up by the City's sanitation franchisee during
regular collection routes but shall be subject to abatement by citation, or code
enforcement action or other enforcement as are other nuisances in any manner set
forth in this Chapter.
(E) The existence of any kind of vegetation, including trees and shrubs, upon any lot,
tract or parcel of land, improved or unimproved, within the City, to the extent that
the vegetation impairs or interferes with traffic safety or traffic flow is prohibited and
declared to be a public nuisance.
(C) The existence of any kind of vegetation, including trees and shrubs, upon any lot,
tract or parcel of land, improved or unimproved, within the City, to the extent that
the vegetation interferes with the use of streetlights, signs, sidewalks, utility lines or
other public improvements is hereby prohibited and declared to be a public nuisance.
(D) For purposes of this Chapter, the terms lot, tract and parcel shall include all lots,
tracts and parcels within the City and shall also include any contiguous Public Right-
of-Way or easement, or portion thereof ^r- ..ubli alleywiay to the ,.entediii , upon
which no publicly maintained structural improvements exist or any planted area
between the property line and a paved alley. Every owner or person having
possession or control of the contiguous real property shall ensure that the adjoining
Public Right-of-Way complies with the provisions of this Chapter. Nothing herein
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ORD.NO.30-17
shall be construed to require the maintenance of medians or public alle3mLa)5 by
contiguous property owners or persons in control of such property.
(E) Dome-shaped decorative markers, also known as button markers, maybe placed in
the Public Right-of-Way,provided that such markers are no larger than six (6) inches
in height, have rounded surfaces and no straight edges, and are separated by a
minimum of two (2) feet. The property owner shall assume all risk of liability for
such markers. The placement of pyramid-shaped marker's or any other similar type
marker within a Public Right-of-Way is prohibited.
Section 2. All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 3. Should any section or provision of this Ordinance or any portion thereof,
any paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,such
decision shall not affect the validity of the remainder of this Ordinance.
Section 4. Specific authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on the 15th day
of August,2017.
00
ATTE 7S : MAYOR
/Vt"("
City Clerk
First Reading:August 2.2017
Second Reading:August 15,2017
Appxovedt and lep,;dl
an
K,&bx Lo Attorney
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ORD.NO. 30-17